Z-127 _______________________________________________
HOUSE BILL NO. 353
_______________________________________________
State of Washington 50th Legislature 1987 Regular Session
By Representatives Rayburn, Nealey, Kremen, Rasmussen and Doty; by request of Department of Agriculture
Read first time 1/26/87 and referred to Committee on Agriculture & Rural Development.
AN ACT Relating to the department of agriculture; amending RCW 15.04.040, 15.04.100, 15.24.070, 15.24.190, 15.65.070, 15.65.170, 15.65.250, 15.65.470, 15.65.390, 15.65.400, 20.01.040, 43.23.200, and 62A.9-307; and repealing RCW 16.59.010, 16.59.020, 16.59.030, 16.59.040, 16.59.050, 16.59.060, 16.59.070, and 16.59.900.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. Section 15.04.040, chapter 11, Laws of 1961 as amended by section 11, chapter 34, Laws of 1975-'76 2nd ex. sess. and RCW 15.04.040 are each amended to read as follows:
Inspectors-at-large
shall pass such an examination by the director as will satisfy him they are
qualified in knowledge and experience to carry on the work in the districts to
which they are assigned. They shall be assigned to a horticultural inspection
district and may be transferred from one district to another. Their salaries
and travel expenses, as shown by vouchers verified by them and countersigned
by the director, shall be paid by warrants drawn upon the state treasurer,
horticultural inspection district funds, the horticultural inspection trust
fund, or from county appropriations((: PROVIDED, That, not less than
twenty-five percent of their total salary shall be paid by warrants drawn upon
the state treasurer. Such travel expenses shall be reimbursed in accordance
with RCW 43.03.050 and 43.03.060 as now existing or hereafter amended)).
Sec. 2. Section 15.04.100, chapter 11, Laws of 1961 as last amended by section 1, chapter 203, Laws of 1986 and RCw 15.04.100 are each amended to read as follows:
The director shall establish a horticulture inspection trust fund to be derived from horticulture inspection district funds. The director shall adjust district payments so that the balance in the trust fund shall not exceed three hundred thousand dollars. The director is authorized to make payments from the trust fund to:
(1) Pay fees and expenses provided in the inspection agreement between the state department of agriculture and the agricultural marketing service of the United States department of agriculture;
(2) ((Pay
portions of salaries of inspectors-at-large as provided under RCW 15.04.040;
(3))) Assist horticulture inspection districts in temporary
financial distress as result of less than normal production of horticultural
commodities: PROVIDED, That districts receiving such assistance shall make repayment
to the trust fund as district funds shall permit;
(((4)))
(3) Pay necessary administrative expenses for the commodity inspection
division attributable to the supervision of the horticulture inspection
services.
Sec. 3. Section 15.24.070, chapter 11, Laws of 1961 as last amended by section 3, chapter 203, Laws of 1986 and RCW 15.24.070 are each amended to read as follows:
The Washington state apple advertising commission is hereby declared and created a corporate body. The powers and duties of the commission shall include the following:
(1) To elect a chairman and such other officers as it deems advisable; and to adopt, rescind, and amend rules, regulations, and orders for the exercise of its powers hereunder, which shall have the force and effect of the law when not inconsistent with existing laws;
(2) To administer and enforce the provisions of this chapter, and do all things reasonably necessary to effectuate the purposes of this chapter;
(3) To employ and at its pleasure discharge a manager, secretary, agents, attorneys, and employees as it deems necessary, and to prescribe their duties and powers and fix their compensation;
(4) To establish offices and incur expense and enter into contracts and to create such liabilities as may be reasonable for the proper administration and enforcement of this chapter;
(5) To investigate and prosecute violations hereof;
(6) To conduct scientific research to develop and discover the health, food, therapeutic, and dietetic value of apples and products thereof;
(7) To keep accurate record of all of its dealings, which shall be open to inspection and audit by the state auditor;
(8) To sue
and be sued, adopt a corporate seal, and have all of the powers of a
corporation; ((and))
(9) To expend funds for commodity-related education, training, and leadership programs as the commission deems expedient; and
(10) To borrow money, incur indebtedness, and issue bonds in the same manner and subject to the same terms as a local government may issue bonds pursuant to chapter 39.46 RCW.
Sec. 4. Section 15.24.190, chapter 11, Laws of 1961 and RCW 15.24.190 are each amended to read as follows:
((The
state shall not be liable for the acts of the commission or on its contracts.
No member of the commission or any employee or agent thereof shall be liable on
its contracts. All liabilities incurred by the commission shall be payable
only from the funds collected hereunder.)) Obligations incurred by the
commission and any other liabilities or claims against the commission shall be
enforced only against the assets of the commission, and no liability for the
debts or actions of the commission exists against either the state of
Washington or any subdivision or instrumentality thereof, or against any
member, employee, or agent of the commission in his or her individual
capacity. Except as otherwise provided in this chapter, neither the members of
the commission nor its employees may be held individually responsible for
errors in judgment, mistakes, or other acts, either of commission or omission,
as principal, agent, person, or employee, save for their own individual acts of
dishonesty or crime. No such person or employee may be held responsible individually
for any act or omission of any other member of the commission. The liability
of the members of the commission shall be several and not joint, and no member
is liable for the default of any other member.
Sec. 5. Section 7, chapter 256, Laws of 1961 as last amended by section 2, chapter 261, Laws of 1985 and RCW 15.65.070 are each amended to read as follows:
The
director shall publish notice of any hearing called for the purpose of
considering and acting upon any proposal for a period of not less than two days
in ((a newspaper of general circulation in Olympia and such other)) one
or more newspapers of general circulation as the director may
prescribe. No such public hearing shall be held prior to five days after the last
day of such period of publication. Such notice shall set forth the date, time
and place of said hearing, the agricultural commodity and the area covered by
such proposal; a concise statement of the proposal; a concise statement of each
additional subject upon which the director will hear evidence and make a
determination, and a statement that, and the address where, copies of the
proposal may be obtained. The director shall also mail a copy of such notice
to all producers and handlers within the affected area who may be directly
affected by such proposal and whose names and addresses appear, on the day next
preceding the day on which such notice is published, upon lists of such persons
then on file in the department.
Sec. 6. Section 17, chapter 256, Laws of 1961 and RCW 15.65.170 are each amended to read as follows:
If the
director determines that the requisite assent has been given he shall issue and
put any order or amendment thereto into force, whereupon each and every provision
thereof shall have the force of law. Issuance shall be accomplished by
publication of a notice for one day in a newspaper of general
circulation ((in Olympia and)) in the affected area ((of)).
The notice ((stating)) shall state that the order has been
issued and put into force and where copies of such order may be obtained. If
the director determines that the requisite assent has not been given no further
action shall be taken by the director upon the proposal, and the order contained
in the final decision shall be without force or effect.
Sec. 7. Section 25, chapter 256, Laws of 1961 as last amended by section 9, chapter 261, Laws of 1985 and RCW 15.65.250 are each amended to read as follows:
For the purpose of nominating candidates to be voted upon for election to such board memberships, the director shall call separate meetings of the affected producers and handlers within the affected area and in case elections shall be by districts he shall call separate meetings for each district. However, at the inception any marketing agreement or order nominations may be at the issuance hearing. Nomination meetings shall be called annually and at least thirty days in advance of the date set for the election of board members. Notice of every such meeting shall be published in a newspaper of general circulation within the affected area defined in the order or agreement not less than ten days in advance of the date of such meeting and in addition, written notice of every such meeting shall be given to all affected producers and/or handlers according to the list thereof maintained by the director pursuant to RCW 15.65.200. However, if the agreement or order provides for election by districts such written notice need be given only to the producers or handlers residing in or whose principal place of business is within such district. Nonreceipt of notice by any interested person shall not invalidate proceedings at such meetings. Any qualified person may be nominated orally for membership upon such board at the said meetings. Nominations may also be made within five days after any such meeting by written petition filed with the director signed by not less than five producers or handlers, as the case may be, entitled to have participated in said meeting.
If the board moves and the director approves that the nomination meeting procedure be deleted, the director shall give notice of the vacancy by mail to all affected producers or handlers. The notice shall call for nominations in accordance with the marketing order and shall give the final date for filing nominations which shall not be less than twenty days after the notice was mailed.
When only one nominee is nominated for any position on the board the director shall deem that said nominee satisfies the requirements of the position and then it shall be deemed that said nominee has been duly elected.
Sec. 8. Section 47, chapter 256, Laws of 1961 and RCW 15.65.470 are each amended to read as follows:
((The
marketing act revolving fund shall be deposited in such banks and financial
institutions as)) The director or his or her designee ((may
select throughout the state which shall give to the director or his designee
surety bonds executed by surety companies authorized to do business in the
state, or collateral eligible as security for deposit of state funds, in at
least the full amount of the deposit in each such bank or financial institution))
shall designate one or more financial institutions which are qualified
public depositaries under chapter 39.58 RCW as depositary or depositaries of
money received for the marketing act revolving fund. All moneys received
by the director or his or her designee or by any administrator, board or
employee, except an amount of petty cash for each day's needs as fixed by the
regulations, shall be deposited each day((, and as often during the day as
advisable,)) in the ((authorized depository)) designated
depositary or depositaries.
Sec. 9. Section 39, chapter 256, Laws of 1961 as amended by section 13, chapter 261, Laws of 1985 and RCW 15.65.390 are each amended to read as follows:
There is
hereby levied, and the director or his designee shall collect, upon each and
every affected unit of any agricultural commodity specified in any marketing
agreement or order an annual assessment which shall be paid by the producer
thereof upon each and every such affected unit stored in frozen condition or
sold or marketed or delivered for sale or marketed by him, and which shall be
paid by the handler thereof upon each and every such unit purchased or received
for sale, processing or distribution, or stored in frozen condition, by him:
PROVIDED, That such assessment shall be paid by producers only, if only
producers are regulated by such agreement or order, and by handlers only, if
only handlers are so regulated, and by both producers and handlers if both are
so regulated. Such assessments shall be expressed as a stated amount of money
per unit or as a percentage of the receipt price at the first point of sale.
The total amount of such annual assessment to be paid by all producers of such
commodity, or by all handlers of such commodity shall not exceed four percent
of the total market value of all affected units stored in frozen condition or
sold or marketed or delivered for sale or marketing by all producers of such
units during the year to which the assessment applies. ((However, the total
amount of such annual assessment upon producers, or handlers, or both producers
and handlers, of the below listed commodities shall not exceed the amounts per
unit or the percentage of selling price stated after the names of the
respective commodities below:
(1) Wheat,
maximum, one-quarter cent per bushel.))
Sec. 10. Section 40, chapter 256, Laws of 1961 and RCW 15.65.400 are each amended to read as follows:
In every
marketing agreement and order the director shall prescribe the ((per unit))
rate of such assessment((, and)). Such assessment shall be expressed
as a stated amount of money per unit or as a percentage of the receipt price at
the first point of sale. Such rate may be at the full amount of, or at any
lesser amount than the amount hereinabove limited. Such rate may be altered or
amended from time to time, but only upon compliance with the procedural
requirements of this chapter. In every such marketing agreement, order and
amendment the director shall base his determination of such rate upon the
volume and price of sales of affected units (or units which would have been
affected units had the agreement or order been in effect) during a period which
the director determines to be a representative period. The ((per unit))
rate of assessment prescribed in any such agreement, order or amendment shall
for all purposes and times be deemed to be within the limits of assessment
above provided until such time as such agreement or order is amended as to such
rate.
Sec. 11. Section 4, chapter 139, Laws of 1959 as last amended by section 3, chapter 305, Laws of 1983 and RCW 20.01.040 are each amended to read as follows:
No person
may act as a commission merchant, dealer, broker, cash buyer, agent, or boom
loader without a license. Any person applying for such a license shall file an
application with the director on or before January 1st of each year. The
application shall be accompanied by ((the following license fee:
(1)
Commission merchant, one hundred forty-five dollars;
(2) Dealer,
one hundred forty-five dollars;
(3) Limited
dealer, one hundred dollars;
(4) Broker, one
hundred dollars;
(5) Cash
buyer, forty dollars;
(6) Agent,
fifteen dollars;
(7) Boom
loader, ten dollars)) a license fee as prescribed by the director by rule.
Sec. 12. Section 27, chapter 297, Laws of 1981 and RCW 43.23.200 are each amended to read as follows:
The ((dean
of the college of fisheries of the University of Washington and the dean's
appointed laboratory director,)) chief chemist of the department of
agriculture dairy and food laboratory and the chief chemist of the
department of agriculture ((chemistry)) chemical and hop
laboratory shall be the official chemists of the department of agriculture.
Official chemists of the department shall provide laboratory services and
analyze all substances that the director of agriculture may send to them and
report to the director without unnecessary delay the results of any analysis so
made. When called upon by the director, they or any of the additional chemists
provided for pursuant to RCW 43.23.205 shall assist in any prosecution for the
violation of any law enforced by the department. ((The dean of the college
of fisheries of the University of Washington and the dean's appointed
laboratory director shall provide such laboratory services without additional
compensation other than their expenses incurred in the performance of such
work.))
Sec. 13. Section 9-307, chapter 157, Laws of 1965 ex. sess. as last amended by section 13, chapter 412, Laws of 1985 and RCW 62A.9-307 are each amended to read as follows:
(1) A buyer in ordinary course of business (subsection (9) of RCW 62A.1-201) other than a person buying farm products from a person engaged in farming operations takes free of a security interest created by his seller even though the security interest is perfected and even though the buyer knows of its existence.
(2) In the case of consumer goods, a buyer takes free of a security interest even though perfected if he buys without knowledge of the security interest, for value and for his own personal, family or household purposes unless prior to the purchase the secured party has filed a financing statement covering such goods.
(3) A buyer other than a buyer in ordinary course of business (subsection (1) of this section) takes free of a security interest to the extent that it secures future advances made after the secured party acquires knowledge of the purchase, unless made pursuant to a commitment entered into without knowledge of the purchase.
(((4)
Notwithstanding subsection (1) of this section, any person registered under the
Federal Packers and Stockyard Act, 7 U.S.C. 181, who sells livestock for
another for a fee or commission or who purchases livestock or livestock
byproducts with the intent to resell takes free of a security interest created
by the seller, even though the security interest is perfected, when such person
is without knowledge of the security interest. For the purposes of this
subsection, a person has "knowledge" if:
(a) Notice
is furnished by the seller as provided in RCW 16.57.240; or
(b) A
statement of the security interest is filed pursuant to chapter 16.59 RCW.))
NEW SECTION. Sec. 14. The following acts or parts of acts are each repealed:
(1) Section 14, chapter 412, Laws of 1985 and RCW 16.59.010;
(2) Section 15, chapter 412, Laws of 1985 and RCW 16.59.020;
(3) Section 17, chapter 412, Laws of 1985 and RCW 16.59.030;
(4) Section 18, chapter 412, Laws of 1985 and RCW 16.59.040;
(5) Section 16, chapter 412, Laws of 1985 and RCW 16.59.050;
(6) Section 19, chapter 412, Laws of 1985 and RCW 16.59.060;
(7) Section 20, chapter 412, Laws of 1985 and RCW 16.59.070; and
(8) Section 24, chapter 412, Laws of 1985 and RCW 16.59.900.